Citation Nr: 0113543
Decision Date: 05/14/01 Archive Date: 05/23/01
DOCKET NO. 00-13 057 ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in St. Petersburg, Florida
THE ISSUE
Whether new and material evidence has been submitted to
reopen a claim for service connection for post-traumatic
stress disorder (PTSD).
REPRESENTATION
Appellant represented by: Vietnam Veterans of America
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
W. Yates, Counsel
REMAND
The veteran served on active duty from March 1970 to
September 1971. He appeals to the Board of Veterans' Appeals
(Board) from a June 1998 RO decision which denied his
application to reopen a claim for service connection for
PTSD. He testified at an October 2000 RO hearing before a
Decision Review Officer.
In April 2001, the veteran timely requested a Board
videoconference hearing, to be conducted at the RO. Thus,
the case must be returned to the RO to arrange such a
hearing. See 38 U.S.C.A. § 7107 (West 1991 & Supp. 2000);
38 C.F.R. §§ 19.75, 19.76, 20.703, 20.704 (2000).
Accordingly, the case is REMANDED to the RO for the following
action:
The RO should schedule the veteran for a
Board videoconference hearing in
connection with his appeal. After the
hearing is conducted, the case should be
returned to the Board, in accordance with
appellate procedures.
L.W. TOBIN
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 2000), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (2000).